USA v. Ricardo Maciel


Opinion issued by court as to Appellant Ricardo Maciel. Decision: Affirmed. Opinion type: Non-Published. Opinion method: Per Curiam. The opinion is also available through the Court's Opinions page at this link

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Case: 17-10571 Date Filed: 08/03/2017 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 17-10571 Non-Argument Calendar ________________________ D.C. Docket No. 1:10-cr-20686-FAM-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus RICARDO MACIEL, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Southern District of Florida ________________________ (August 3, 2017) Before ED CARNES, Chief Judge, MARCUS and FAY, Circuit Judges. PER CURIAM: Ricardo Maciel appeals pro se from the district court’s denial of his motion Case: 17-10571 Date Filed: 08/03/2017 Page: 2 of 2 to reduce his sentence under 18 U.S.C. § 3582(c)(2). Maciel claims that he is entitled to relief based on Amendment 801 to the United States Sentencing Guidelines. We disagree. Section 3582(c)(2) allows relief only in accordance with the policy statements of the Sentencing Commission. And the Commission’s policy statement, which is codified at U.S.S.G. § 1B1.10, allows for sentence reductions based only on amendments to the guidelines that are specifically listed in § 1B1.10(d). Because Amendment 801 is not listed there, Maciel is not entitled to relief. AFFIRMED. 2

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